[Adopted 2-5-1976 by L.L. No. 3-1976 (Ch.
38, Part 2, of the 1964 Code)]
A.Â
Obstruction forbidden without permit. No person shall
deposit any material, or receptacle for any material, for use in building
construction, demolition or renovation, or debris removal in connection
therewith, upon any street, gutter, curb or sidewalk in the Village
of Westbury, or in any manner obstruct or impede free travel upon
such street, gutter, curb or sidewalk, unless a permit has been issued
therefor.
B.Â
Prerequisites for permit. As a prerequisite to securing
a permit, each applicant must file with the Village Clerk a statement
containing:
C.Â
No permit shall be issued if, in the judgment of the
Building Inspector, the heretofore-mentioned building materials or
debris can be placed at a location other than on streets or sidewalks.
[Amended 12-2-1999 by L.L. No. 3-1999]
Each application hereunder shall be accompanied
by a certificate of insurance issued by an insurance company authorized
to do business in this state, running to the Village, confirming that
the applicant has obtained public liability insurance coverage of
not less than $1,000,000 for personal injuries and property damage
insurance in the amount of not less than $500,000 to cover claims
brought by any person for injury to person or property resulting from
or occasioned by any actionable negligent conduct by the person to
whom the permit is issued or anyone acting on his behalf.
Application for a permit pursuant to this Part
3 shall be accompanied by a cash deposit of $100. Any deposit made
hereunder shall serve as security for the repair and performance of
work necessary to put the street, gutter, curb or sidewalk in as good
condition as it was prior to the placing of materials or receptacle.
When the Building Inspector shall have determined that the permittee
has removed all materials and no repair or work is necessary, such
cash deposit shall be refunded by the Village.
[Amended 3-16-1989 by L.L. No. 3-1989;12-2-1999 by L.L. No.
3-1999]
The fee for each permit to be issued pursuant
to this chapter shall be as set from time to time by resolution of
the Board of Trustees.[1]
No materials may be placed upon any street,
in any gutter, curb or sidewalk, despite such permit, except in a
location as approved by the Building Inspector.
Every person who places or deposits any materials
upon a street, gutter, curb or sidewalk shall mark the location thereof
by a barrier or fence bearing warning signs and distinguished by lighted
lanterns or flashers after dark to adequately apprise the public of
the presence of the hazards. No warning lights having an open flame
shall be permitted.
Where a sidewalk is obstructed pursuant to such
a permit, a temporary rigidly constructed wooden sidewalk with guardrails
shall be constructed at a location and in such manner as determined
by the Building Inspector so as to adequately provide safe pedestrian
passage.
